Balveer vs The State Of Madhya Pradesh
2023 Latest Caselaw 18861 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 11732 of 2023
                                           (BALVEER Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 07-11-2023
                                 Mr. Brijendra Singh - Advocate for the appellant.

                                 Mr. Rajendra Singh Yadav - Public Prosecutor for respondent/ State.

Shri Ram Kishor Sharma - Advocate for the Petitioner . Dheeraj Kumar Budholiya - Public Prosecutor for State. Heard on I.A. No.16930 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail filed by the

appellant.

This Criminal Appeal assails the judgment dated 07.08.2023 passed by Special Judge (SC/ST) Act, Sheopur, M.P. in SCATR. No.02/2021, whereby appellant has been convicted under Sections 354 of IPC r/w Sec. 3(2)(Va) of SC/ST Act and sentenced to undergo R.I. for 1 year with fine of Rs.1,000/-, 354(ka) of IPC r/w Sec. 3(2)(Va) of SC/ST Act and sentenced to undergo R.I. for three years with fine of Rs.1,000/-, 3(1)(w)(i) of SC/ST Act and sentenced to undergo R.I for one year with fine of Rs.1000/-, 8 of POCSO Act and sentenced to undergo R.I for three years with fine of Rs.1000/- and 323 of IPC

r/w Sec. 3(2)(Va) of SC/ST Act and sentenced to undergo R.I. for six months with fine of Rs.1,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly been convicted the appellant without proper appreciation of facts of the case as well as evidence available on record. He has further submitted that there is material omissions and contradictions in the statements of prosecution witnesses. Appellant was on bail during trial and never misused the liberty so Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/8/2023 10:16:32 AM

granted. Further argument is that appellant has already served almost four months of incarceration out of total jail sentence of three years. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 16930 of 2023 is hereby

allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office of this Court on 19.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/8/2023 10:16:32 AM